Excerpts from the Press Briefing by Scott McClellan, September 16, 2003 (Full Transcript)

QUESTION: Thank you, Scott. Yesterday, the judicial
activists of the Ninth Circuit struck again. Last week, Miguel Estrada
withdrew his nomination in the face of unprecedented and prolonged
filibusters by Democrats in the Senate. Is the President considering
recess appointments to end what has become a judicial and
constitutional crisis?

MR. McCLELLAN: Recess appointments for judicial nominees?
One, we're not in recess. The President is committed to the nominees
that he has put forward. In terms of Miguel Estrada, it was
disappointing, but understandable that he would withdraw his name after
that lengthy process. People are politicizing the judicial process, and
vacancies remain. We need to fill those vacancies. The President has
appointed very qualified people, including Miguel Estrada. And the
Senate needs to give those nominees an up or down vote. It's very
outrageous that they are playing politics with judicial nominees. It's
unprecedented.